South African Magistrate Nair said he cannot respond to public outrage and has to base his bail decision on the facts. He has released Oscar Pistorius on bail.
Magistrate Nair did not see Pistorius as a flight risk because of his notoriety and the care he requires for his prosthetics.
The charge of First Degree murder does not stand if Pistorius did believe he was shooting at an intruder. The charge would be intentional homicide which allows for bail.
Much is being made of the charges being leveled against the lead detective who has since been replaced. A charge against him, which was dropped last year, was renewed the day he testified at Pistorius’ bail hearing. The charge against the detective is for shooting at a van with seven people inside.
Also at issue are some forensic errors. Forensic experts did not wear protective foot covers and they missed a bullet found later at the scene.
Charges by the prosecution that Pistorius engaged in a screaming match with someone on one occasion and threatened to break another person’s legs did not rise to the level of a prior criminal record. The judge dismissed the incidents from consideration.
The fact that Pistorius killed his girlfriend and that he presented an implausible excuse still stands.